Every employee who has the qualifying period of service has the right not to be subject to unfair dismissal. If there is to be a dismissal, an employer must show that the reason (or if more than one, then the principal reason) falls into one of the categories set out in the Employment Rights Act 1996.
To make a claim for unfair dismissal, you need to check
- What your ‘employment status’ is – your rights depend on whether you’re an employee or not.
- How long you’ve worked for your employer – you can usually only challenge a dismissal if you’ve worked there two years or more unless an automatic right applies.
- Whether the law says the reason for your dismissal is unfair
You’ll need to check quickly – you’ve got three months less a day from your last day of employment to act for unfair dismissal.
Please feel free to contact us and arrange a free consultation, I can then see if I and the team are able to help.
David has an LL.B (Hons) degree in law. He was voted one of the UK’s most influential aspiring lawyers. He was also directly involved in the protection of workers’ rights as respected Union Rep for Usdaw, and he is the Non-Executive Legal Director for the Humber Taxi Association.
Examples of unfair dismissal
Situation of unfair dismissal
Sarah has been working as a Manager for four years at a well-known company. She was called into a meeting without notice by her manager and is told that a client had made a complaint about her, and therefore the Company was dismissing me for gross misconduct, without notice or investigation.
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